I provide commentary on political economy, police and prosecutorial abuse, and whatever else might come to mind.
Let justice roll down like waters,
and righteousness like an ever-flowing stream. Amos 5:24 (ESV)

Tuesday, April 27, 2010

Whoops! The Prosecution Changes Its Story

OK, everyone. Scratch the "she did horrific damage to their bodies" story, as Dr. Nancy Fajman, Associate Professor of Pediatrics at Emory University Medical School, debunks the prosecution's line. However, this well-known and highly-respected expert (unlike the "experts from the Children's Advocacy Center) almost was not able to testify, as the prosecution objected to her being there.

(The prosecutors had a meeting with her, but I doubt they tried to be as intimidating as they have been earlier, given that if they were to rough up this person, they might find that their castle walls would start crumbling.)

After Fajman went over the photographs, she said that in her view, there was no evidence at all of sexual abuse and certainly not of the "highly-suspicious" nature, unless one is "highly-suspicious" that Arnt and Gregor knew all along that their case was a fraud. That puts a huge hole in the story that Facebook and The Man (and their puppet, Brian House) have been telling. However, they cannot claim that Sharon "Highly Suspicious" Anderson of the CAC is a greater medical authority than Dr. Fajman. (Maybe Facebook and The Man will claim that Dr. Fajman was "coached.")

So, what is a prosecution to do? Well, they are changing their story. Now, they are claiming that there was molestation and abuse, but Tonya Craft did not do any damage. However, there is a problem with that one.

The prosecution had put a lot of eggs in the basket of physical abuse. One child told about Tonya putting her entire fist into the girl's vagina, which, if done, would create horrific damage. This kind of makes the "believe the children" mantra a bit difficult.

What happened is not hard to explain. The children recited the scripts that the prosecution wrote for them, as Facebook and The Man believed that Anderson's interpretation of her exams would hold up, but that clearly is not the case.

We have to remember that as terrible as this case might be, it is not the only one of its kind that Arnt and Gregor have pursued. They have made a career out of railroading others on false molestation charges, and were able to roll defendants because the attorneys did not realize just how brutal and dishonest these prosecutors really are. There are a number of wrongfully-imprisoned people from this district, sent to prison because of dishonest prosecutions from the Dishonest Duo.

Now, the Dishonest Duo, being helped by House, still might get a conviction because I cannot imagine this bunch not having any contact at all with jurors. Maybe I am wrong and they are staying away, but given just how these people believe that the courthouse is their little fiefdom, it is not a stretch to think that some, if not all the jurors, have had a "friendly" visit from someone wanting a conviction at all costs.

The rules for prosecutors are plain. Prosecutors are to seek justice and the truth, not bend the rules and stretch the truth and certainly not seek to have judges grease the skids for them. As I have said before, what you are seeing in Catoosa County is a disgrace, and people need to remember that if they are not vigilant, men like Arnt, Gregor, and House take over and injustice is the norm.

I am the poster who wrote on another thread that defense attorneys sometimes put on highly dubious testimony by supposed experts like John Gerdes, Henry Lee and Michael Baden. I now want to say that I applaud the testimony of Dr. Fajman. Here is an authentic expert testifying in favor of someone who is obviously innocent.

Imagine Art & Gregor attempting to bully the true professional in thier pow/wow session, wish I could have seen that. This lady is the 1st true expert to testify on this case and still gives an unbiased opnion.

"... people need to remember that if they are not vigilant, men like Arnt, Gregor, and House take over and injustice is the norm."

Injustice is the norm, any attempt by a court to appear to be fair and honest is a facade to build loyalty. In every criminal trial the judge is employed by the plaintiff. There is no way anyone can feel confident that they will ever get a fair trial in such a setting.

It would be the same as if you sued Microsoft and Bill Gates got to decide what the jury instructions would be, what evidence could be presented and more.

I no longer live in that area and I've never known anyone related to this case. I just started following the news from a regional newspaper and got pulled in. I am shocked at what is going on and cannot believe this ever went to trial! I just emailed Nancy Grace and asked her to please look into this. As much as I hate to draw negative attention to the area, someone has got to step in!

This was not the ex parte communication. Sandra Lamb went on a tear b/c a local station no one watches (it is a cable station the equivalent of one ran out of someone's basement) neglected to omit the child's first name when it aired the coverage. She was calling b/c she thought she could have the TV station shut down. HE should have NEVER accepted her call at all, much less talked to her for 1 hour and he did not tell the defense about it. That alone is grounds for a mistrial.

IT APPEARS THE TODAY SHOW IS SHOWING INTEREST IN THIS TRIAL MAYBE JUST MAYBE THEY WILL GET INVOLVED IF THEY DO LOOK OUT THIS COULD GET REAL UGLY REAL FAST FOR THOSE INVOLVED IN THIS MISJUSTICEI PRAY FOR TONYA AND HER FAMILY.

I have to agree with another poster under a different entry that said Nancy Grace won't look into something like this. N.G. is too Pro-child to believe that someone could actually be innocent of this type of crime.

Regarding Sandra Lamb's conversation with House, I don't care if she was on a rampage. He should have told the defense, but he did not, and the omission was deliberate.

As for Nancy Grace, she claims that if one is charged, then one is automatically guilty. She is a damned psychopath, and so is Wendy Murphy. Remember their lies during the Duke case.

Keep in mind that Today is interested because the WRCB people have told them there is a huge injustice going on. By its performance, the prosecution feeds this monster, and by his unbelievable rulings, House is about to find out what happens when you go too far. Nifong found out and it was not pleasant.

You had better believe that once the Today show picks this up the other news channels will follow. Then the little town of Chickamauga will have a movie deal on there hands. Way to go Wilson's and Lamb's. Now Chickamauga School System still think these kids are good choices to allow in your school. Hell they are county kids. Kick them out!!!!!!!

Detective Tim Deal does work for the Catoosa Co Sheriffs office, but all of them up there are on the same side. Phil Summers is listed as a witness in my husbands court documents yet he wasn't there when the "crime" was committed, but Deal was.

Do you know there is a publication I believe weekly that has all the mugshots of the people arrested in that area & when I was visiting (not an inmate) the CC jail the deputies behind the counter were flipping thru it laughing at the people in it. Is that professional? No.

There is actually a task force up there that does nothing but look for, hook & catch people that commit various "sex crimes"

I find it funny that they are trying to convict her on so little evidence but when I turned in a former friend for downloading child porn on my computer Detective Deal took my computer, interviewed the person who ADMITTED to downloading the porn but he was never arrested? WHY NOT?? Why pick on an innocent person?

Carrying my questions a little further.Your sheriff has control of his office or a pawn of the local courts?Maybe, a good man who refuses to step on certain toes? I am having a hard time seeing (in my eyes)the failures of Det.'s Deal and Keith without Boss #1(or even #2)making sure the prosecutors weren't using them to achieve a pre-determined objective.

Just curious to see if another of your elected officials will stay under the radar while others are soon to be "big news".

There is another judge up there by the name of Kristina Cook Connelly whose daddy was a big man around there & she was unprofessional towards GBI agents, swearing & threatening them so their boss filed a complaint against her & guess what yep nothing was done...at least not yet. I hope something is tho & the Judicial Qualification Committee sends a LOUD message to those little fish in a big pond over inflated Catoosa County egos.

I totally see where you are coming from. He is staying out of the spotlight. So far, the only thing he has said, on record, is that he stands behind Det. Deal. When Sheriff Summers first started out, I believe he had good intentions. As time goes by, it's the case as usual, people become part of the political scene & become numb & do think they are above the law. Unfortunately, we have that problem here. He is their "boss", but just a figure head, one that bobbles like the rest. I do believe that when this does get busted wide open, that Summers will be part of the investigation. For now, just hanging in the shadows.

IhateCC, as far as the "just busted" magazines, I find them disgusting and will not waste a dollar on them. Anyone can have anyone arrested. All it takes is an accusation. I have some very fine, upstanding friends who ended up in there because of a vindictive local business owner. I wouldn't waste a penny, much less $1 on it. I'm glad someone else feels the same way. Some people love to bathe in other's misery. I think we see that a lot in this case.

The same would hold true for District Attorney Herbert E. (Buzz) Franklin, who pretty much seems to be getting a complete pass so far and is certainly keeping his head down it appears. His is an elected position, he is the ADAs boss, and he's been in office and comfortably reelected since 1997. Maybe it's time to remind him both now and come election time that his position isn't one that is appointed for life, and as the boss he is responsible for the actions of everyone underneath him. Up until now, it's been let the good times roll with Arnt and Gregor allowed to run amok and making him look good to the voters - might want to rethink that management style right quick, I have a feeling the caca might splash far and wide on this one before it's all over.

"Did the defense disclose their expert witness to the state? was that the issue with their ex parte interview?"

You are mixing two issues.

1. Prosecution interview (during court time) with Defense Wit. The prosecution knew this witness was going to testify, this was no surprise. The defense had not given them a "summary" of what she was going to testify to. Now in most cases this is simply a technical issue of no great deal. The prosecution made it a big deal up to and including demanding to depose this witness without the defense present (violation of the defendants civil rights and never done imo). Remember they have had weeks (if not months) to depose any of the listed witnesses and chose not to (they probably should have).

There are no "Perry Mason" moments. All witness' for both sides are listed long before showing up to court. If you bring a surprise witness into court there are all manner of motions, counters and arguments that take place. That was not the case here.

The ex parte conversation by the judge has been covered elsewhere.

To everyone else, my favorite moment was when the prosecution who was drilling the Dr. on research papers she had read, quoted a piece from a paper and she replied if I knew the title perhaps I have read it. The prosecution gave her the title, she then immediately corrected the prosecution on the pronunciation Authors name and spelled it for him..

Run for the hills boys, that Cavalry just showed up! Now 'ole Dewey, Cheatem, and Howell are about to see some real expert witnessing... I love the way she schooled 'ole Facebook from the stand. I bet he is scratching his head wondering if he still has that truckdriving school number stashed away in his desk. (No offense to truckdrivers!!! We all know you guys work for a living, and don't try to lie, cheat, and steal to get ahead.)

Who is anyone going to complain to about the LMJC? No one because for some reason everyone seems to be scared to death of who's in charge up there. The GBI, FBI, county & local law are all in bed together in Catoosa.

I have lived in Catoosa County for over 30 years. I have raised 2 sons here and my family considers this our hometown. I think the people of Catoosa County have become like many Americans throughout this country complacent and content with the status quo government. We believe because they are elected by the people that they can be trusted and should be honored. When did we stop caring about what happens in our home and our country? We elect officials and never spend one moment researching what they believe or what they stand for. It is scary that Tonya Craft has had to give up everything she holds dear and may actually have to go to prison because we as citizens did not take the time to find out about people like Brian House and his side show. What is equally scary is people that have never been to our great town would be afraid to even step foot here because of our corrupt government. I love my town and I believe that most of the citizens here do to. Let's make sure as citizens of Catoosa County and American citizens we do not just fall back into our way of lives when this trial is over. We can make a difference...

I was proud to here and see people stand up and say the truth about Tonya . Kim and the Potter family put there families in a difficult place to say the truth . Tonya you have got friends and people who see through all this . I pray for you and all your family .

When it comes to expert witnesses, the state of Georgia has come closer to the federal standards in Rule 702, known as the Daubert Rule. This recent development in Georgia law came about with the Supreme Court's ruling in In Mason v. Home Depot U.S.A., Inc. et al., 283 Ga.271,658 S.E.2d 603(2008),suggests that in construing O.C.G.A. section 24-9-67.1, trial courts can—and perhaps should—seek the strictest possible application of the statute designed to require the highest level of reliability, principles and methods, and scientific data from expert witnesses. In addition any competent attorney is going to have to be deeply familiar with 85 A.L.R.5th 595Admissibility of Expert Testimony on Child Sexual Abuse (American Law Reports). Technically, Judge House has the sound discretion to determine whether an offered expert is qualified to testify. That is what all the hoo ha was this afternoon when Dr. Nancy Fajman, Associate Professor of Pediatrics at Emory University Medical School, was questioned as to her qualifications outside the presence of the jury. Dr. Fajman is going to be far more credible as an expert witness than the State's newly minted witness who is merely a Forensic pathologist, nurse, and not even a published expert. The defense has lowered the boom, and it is time for the jury to wake up and smell the coffee tomorrow when Today and the national news media hit town.

Even though there is probably no relation, still a possibility although maybe distant, isn't it a little ironic? The actual transcripts won't be available for public record until after the trial. I'm sure they will come up "missing".

In reference to the metioning of the two detectives Tim Deal and Steven Keith. I truly believe that pressure from the DA's office has been placed on them and the Sheriff does not have a set big enough to save them. I have personally know both of them for 25 and 10 years respectively and can not believe what I am hearing from this so-called trial. I have never known of either of them to be anything other than professional. For this to happen, the Sheriff must also play a huge part in the prosecution and is trying to lay low. This ladies life is already ruined from many aspects. I only hope and pray that she is able to survive this injustice, regain custody of her kids, and move somewhere and start over fresh. Also, a huge civil suit would be nice. Wouldn't it be sweet if the Lambs, Henkes, and Wilsons had to support her for the rest of her life. Maybe the three stooges could collect her trash twice a week.

There's no point in paying for transcripts at this stage of the game, they have to be printed up first. As to damages, if she is acquitted, then she can sue for malicious prosecution, false imprisonment, violation of her rights under color of law (U.S.C. Sec 1943), intentional and negligent infliction of emotional distress, etc. in US District Court, and yes, Catoosa County will have to pay to settle the issues, the Sheriff, the DA's office, and the subordinate officers will be liable, as well as the Catoosa County Commissioners. I believe State Judicial Officers have qualified immunity unless they knowingly violate the law. A recent case in the Atlanta area was settled for false arrest when some vegan/vegetarian folks were arrested for picketing a honeybaked Ham Store. The officers had no probable cause for the arrest.

Remember that Arnt and Gregor are employees and hired by the District Attorney Buzz Franklin. Franklin needs to be getting a lot of calls from the citizens about replacing these two Assistant DA's. He needs to know we have no place for them in our county Judicial system. Needs to send them packing or it could hamper any future re-election for him.

About Me

I teach economics at Frostburg State University in Frostburg, Maryland. We are located on the Allegheny Plateau, and we have cool summers and tough winters.
I am the single father of five children, four of them adopted from overseas and I have two grandchildren. My family and I are members of Faith Presbyterian Church (PCA).